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Madras High Court

Mary Amitharaj vs V.George Peter on 24 March, 2023

                                                                S.A.(MD).Nos.193 of 2016 and 384 of 2014

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         RESERVED ON            : 02.02.2023

                                         PRONOUNCED ON          : 24.03.2023

                                                      CORAM

                                    THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                       S.A.(MD).Nos.193 of 2016 and 384 of 2014
                                                         and
                                               M.P.(MD).No.1 of 2014

                     S.A.(MD).No.193 of 2016:

                     1.Mary Amitharaj

                     2.Vincent Theigaraj

                     3.Philomene Robert                                       ... Appellants

                                                         Vs
                     1.V.George Peter

                     2.V.Maria Jesu (Died)

                     3.V.Francis Xavier

                     4.Michael Maria Rethinam

                     5.M.Maria Vinola

                          (R4 and R5 are brought on record as LRs of

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                                                                  S.A.(MD).Nos.193 of 2016 and 384 of 2014

                          deceased 2nd respondent vide Court order dated
                          12.03.2018 made in C.M.P.(MD).Nos.2382 to
                          2384 of 2018 in S.A.(MD).No.193/2016)

                     6.Maria Evangeline

                     7.Viswath Antony Arockiaraj @ F.Viswathraj

                     8.Viswath Arul Rajan                                       ... Respondents

                          (RR 6 to 8 are impleaded vide Court order dated
                          19.01.2021 made in C.M.P.(MD)No.2010 of 2020
                          in S.A.(MD).No.193/2016)
                     Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code,
                     praying to set aside the Judgment and Decree passed by the Court of the
                     Principal District Judge, Virudhunagar District at Srivillputhur in A.S.No.02
                     of 2012 on 30.10.2013 in reversing the well considered Judgment and
                     Decree passed by the Court of the Subordinate Judge, Srivilliputhur in
                     O.S.No.310 of 1996 on 30.09.2011 and allow this Second Appeal.

                                    For Appellants   :    Mr.S.Parthasarathy
                                                          Senior Counsel
                                                          for Mr.G.Marimuthu

                                    For R1           :    Mr.J.Bharathan
                                                          for I.Velpradeep

                                    For R2           :    Mr.A.Sivaji

                                    For R4 and R5    :    Mr.K.Govindarajan


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                                                                  S.A.(MD).Nos.193 of 2016 and 384 of 2014



                                    For R7          :     Mr.S.Ponsenthilkumar

                                    For R8          :     Mr.S.C.Herold Singh


                     S.A.(MD).No.384 of 2014:

                     V.Francis Xavier                                           ... Appellant

                                                          Vs
                     1.V.George Peter

                     2.Mary Amirtharaj

                     3.Vincent Theigaraj

                     4.Philomene Robert

                     5.V.Maria Jesu (Died)

                     6.Michael Maria Rethinam

                     7.M.Maria Vinola                                           ... Respondents

                          (Respondents 6 and 7 are brought on record as
                          LRs of the deceased 5th Respondent vide Court
                          order dated 04.01.2018 made in C.M.P.(MD).No.
                          7855 of 2017)
                     Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code,
                     praying to set aside the judgment and decree in A.S.No.2 of 2012 on the file
                     of the Principal District Judge, Virudhunagar District at Srivillputhur dated


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                                                                       S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     30.10.2013 reversing the judgement and decree in O.S.No.310 of 1996 on
                     the file of the Sub Court, Srivilliputhur dated 30.09.2011.

                                        For Appellant     :     Mr.A.Sivaji

                                        For R1            :     Mr.J.Bharathan
                                                                for I.Velpradeep

                                        For R2 to R4      :     Mr.S.Parthasarathy
                                                                Senior Counsel
                                                                for Mr.G.Marimuthu

                                        For R6 and R7     :     Mr.K.Govindarajan

                                                 COMMONJUDGMENT



                                  These Second Appeals are arising out of judgment and decree passed

                     in A.S.No.2 of 2012 on the file of the Principal District Court, Virudhunagar

                     District at Srivilliputhur reversing the decree for partition granted by the

                     Trial Court in O.S.No.310 of 1996 on the file of Sub Court, Srivilliputhur.



                                  2. The parties are referred in this judgment as per their ranking in

                     Second Appeal in S.A.(MD).No.193 of 2016.



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                                                                        S.A.(MD).Nos.193 of 2016 and 384 of 2014

                                  3. The Second Appeal in S.A.(MD).No.193 of 2016 is filed by the

                     plaintiffs in the suit. The suit was filed for partition against the respondents.

                     The suit was decreed by the Trial Court and the findings of the Trial Court

                     were reversed by the First Appellate Court on appeal filed by the 1st

                     respondent. Therefore, the plaintiffs have come up by way of this second

                     appeal.



                                  4. The Second Appeal in S.A.(MD).No.384 of 2014 is filed by 4th

                     defendant in the suit aggrieved by the judgment and decree passed by the

                     First Appellate Court upholding the Will pleaded by the 1st respondent.



                                  Plaint Averments:

                                  5. According to the appellants in S.A.(MD).No.193 of 2016/plaintiffs,

                     the suit properties originally belonged to their father S.Viswasam Nadar. He

                     died intestate on 28.10.1996 leaving behind his daughters, the

                     appellants/plaintiffs and 3 sons, respondents/defendants 3, 2 and 4, apart

                     from his wife, deceased 1st defendant in the suit. The appellants claimed that


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                                                                      S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     after the death of S.Viswasam Nadar, they had been possession and

                     enjoyment of suit properties as co-owners along with the respondents. It was

                     also alleged that though appellants requested for effecting partition by metes

                     and bounds, the respondents evaded their request and hence, the appellants

                     were constrained to file a suit for partition against the respondents and also

                     their deceased mother claiming 6/18 share. Pending Suit, the mother of the

                     parties viz., 1st defendant in the suit Maria Thangammal passed away and

                     hence, after her death, appellants herein, claiming equal share along with

                     the respondents, amended plaint seeking 3/6 share in the suit properties.



                                  Averments found in Written Statement:



                                  6. The 1st defendant in the suit viz., mother of the appellants and

                     respondents filed a written statement wherein she claimed that S.Viswasam

                     Nadar during his life time executed a Will on 26.08.1993 bequeathing suit

                     properties to her and hence, she claimed absolute right over the suit

                     properties and sought for dismissal of the suit.


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                                                                         S.A.(MD).Nos.193 of 2016 and 384 of 2014

                                  7. The 2nd respondent/2nd defendant herein filed a written statement

                     and claimed that S.Viswasam Nadar executed a Registered Will registered

                     as Document No.56/93 on the file of Sub Registrar's Office, Eraniel in

                     respect of his properties in Tamil Nadu and executed another Registered

                     Will registered as Document No.76/95 on the file of Sub-Registry, Pattom,

                     Tiruvanandapuram regarding his properties at Kerala including the plaint 1st

                     Schedule Property and hence, plaintiffs have no right over the suit

                     properties. It was further averred by him that he was not beneficiary under

                     the Will executed by S.Viswasam Nadar and hence, he was not a necessary

                     party to the suit as suit properties were not given him under those Wills.



                                  8. The contesting 1st respondent/3rd defendant filed a written statement

                     disputing the averments in the plaint that the suit properties were self

                     acquired properties of S.Viswasam Nadar and he died on 28.10.1996.

                     However, 1st respondent specifically denied the averment made by the

                     appellants as if, S.Viswasam Nadar died intestate. It was specifically averred

                     by the 1st respondent that S.Viswasam Nadar during his life time, when he


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                                                                          S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     was hale and healthy, executed a Registered Will dated 05.06.1995

                     registered as Document No.76/95 on the file of Sub-Registry, Pattom,

                     Tiruvanandapuram bequeathing 1st Schedule of the Suit Properties in his

                     favour subject to the life interest of deceased 1st defendant viz., the mother

                     of the parties. He also claimed that in respect of portion of 1st Schedule

                     Property, 2 cents of land and first floor of the building, S.Viswasam Nadar

                     executed a Settlement Deed dated 19.02.1996 in his favour and same had

                     been acted upon by mutation of revenue records. Thus, on the basis of the

                     Will pleaded by him, the contesting 1st respondent prayed for dismissal of

                     the suit.



                                  9. The 3rd respondent/4th defendant in the suit filed a written statement

                     and claimed that S.Viswasam Nadar executed a Will in Document No.2/89

                     registered on the file of Sub Registrar Office at Pattom, Kerala bequeathing

                     Suit 1st Schedule Property in favour of sons of 4 th defendant. It was asserted

                     by him that 1989 Will executed by S.Viswasam Nadar in favour of his sons

                     was his last Will and on that ground he sought for dismissal of the suit. As


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                                                                     S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     far as 2nd Schedule of the Suit Properties were concerned, the 4th defendant

                     admitted in his written statement that the same was available for partition as

                     S.Viswasam Nadar did not execute any Will in respect of those properties.

                     He also paid separate court fee claiming equal share in the 2nd Schedule of

                     the Suit Property. On these pleadings, the parties went to the trial.



                                  10. On behalf of the appellants/plaintiffs, the 3rd plaintiff was

                     examined as PW.1 and no documents were exhibited on the side of the

                     appellants. On behalf of the respondents, the 1st respondent/3rd defendant

                     was examined as DW.1 and the attestor to the Will relied on by him viz.,

                     Ex.B2 was examined as DW.2. The 3rd respondent/4th defendant was

                     examined as DW.3. The attestor to the Will pleaded by 4th respondent was

                     examined as DW.4. The mother of the parties viz., the deceased 1st

                     defendant was examined as DW.5. On behalf of respondents, 39 documents

                     were marked as Ex.B1 to B39. The signature of DW.2 was marked as Ex.C1.




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                                                                       S.A.(MD).Nos.193 of 2016 and 384 of 2014

                                  11. The Trial Court on appreciation of oral and documentary evidence

                     available on record came to the conclusion that neither the Will pleaded by

                     1st respondent Ex.B2 nor the Will pleaded by 4th defendant Ex.B32 were

                     proved. The Trial Court on entering a finding that S.Viswasam Nadar died

                     intestate decreed the suit granting half share (3/6).



                                  12. Aggrieved by the same, the 1st respondent herein alone filed an

                     appeal in A.S.No.2 of 2012 on the file of Principal District Court,

                     Virudhunagar at Srivilliputhur. The First Appellate Court reversed the

                     findings of the Trial Court and came to the conclusion that the Will pleaded

                     by the 1st respondent viz., Ex.B2 stood proved and consequently, allowed

                     the appeal and dismissed the suit. Aggrieved by the same, the plaintiffs in

                     the suit have come before this Court in S.A.(MD).No.193 of 2016. The 3rd

                     respondent herein/4th defendant in suit has filed a separate second appeal in

                     S.A.(MD).No.384 of 2014 challenging the judgment and decree passed by

                     the First Appellate Court.




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                                  13. This Court at the time of admitting the second appeals formulated

                     the following substantial questions of law:-

                                            “i) Are not the reversing judgment and decree of
                                    the lower appellate court contrary to law when the Will
                                    B2 and settlement deed B7 do not relate to the suit 2nd
                                    item?


                                            ii) Is the lower appellate court correct in law in
                                    holding that the Will under Ex.B2 is valid and the last
                                    Will when admittedly a settlement deed was executed after
                                    the said will, that too, the Will was not validly proved in a
                                    manner to law?”



                                  14. Mr.S.Parthasarathy, learned Senior Counsel appearing for

                     appellants in S.A.(MD).No.193 of 2016 and respondents 2 to 4 in S.A.

                     (MD).No.384 of 2014 elaborated the substantial questions of law by stating

                     that Ex.B2-Will relied by 1st respondent was executed in Malayalam and on

                     the other hand the wife of testator viz., mother of the parties, who was

                     examined as DW.5 had categorically admitted that testator had no

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                                                                  S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     knowledge in Malayalam. The learned Senior Counsel by taking this Court

                     to the evidence of DW.1 also submitted that though DW.1 in his chief

                     examination deposed that testator was very well conversant with

                     Malayalam, in his cross examination, he deposed that he was not fluent in

                     Malayalam. Therefore, by relying on the evidence of DW.1 and DW.5, the

                     learned Senior Counsel forcibly submitted that when testator was not fluent

                     in Malayalam execution Ex.B2-Will in Malayalam is doubtful and the same

                     is a serious suspicious circumstance surrounding the Will. The learned

                     Senior Counsel also by taking this Court to the contradiction in the evidence

                     of attestor to Ex.B2-Will which were pointed out by the Trial Court in it's

                     judgment, submitted that Will has not been proved in accordance with law

                     as required under Section 68 of Indian Evidence Act, 1872. The learned

                     Senior Counsel also assailed the Will-Ex.B2 on the ground that there was no

                     mention about the reason for disinheriting the appellants/plaintiffs'

                     daughters of the testator in the Will. The learned Senior Counsel further

                     submitted that the failure to give reasons for disinheriting the daughters

                     makes the disposition under the Will as unnatural one. In this connection, he


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                                                                      S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     relied on the judgment of this Court in Dharman vs. Marimuthu reported in

                     1996 – 2 – L.W. 600.



                                  15. Mr.A.Sivaji, learned counsel for the appellant in S.A.(MD).No.

                     384 of 2014 while supporting the arguments of learned Senior Counsel for

                     the appellants in S.A.(MD).No.193 of 2016 supplemented the same by

                     submitting that Ex.B2-Will was allegedly executed by testator only in

                     respect of 1st Schedule of the Suit Property and hence, in the absence of any

                     testamentary documents concerning 2nd Schedule of the Suit Property, the

                     First Appellate Court after upholding Ex.B2-Will ought not to have set aside

                     the decree for partition granted by the Trial Court in respect of 2 nd Schedule

                     of the Suit Property.



                                  16. Per contra, Mr.J.Bharathan, learned counsel appearing for

                     contesting 1st respondent tried to sustain the findings of the First Appellate

                     Court by submitting that the appellants' own witness PW.1 categorically

                     admitted that testator S.Viswasam Nadar had wide range of business activity


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                                                                        S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     at Kerala and hence, his knowledge in Malayalam language cannot be

                     doubted. The learned counsel further submitted that as per the evidence of

                     PW.1 S.Viswasam Nadar's family lived at Tiruvanandapuram for long time

                     and Will was executed and registered at Tiruvanandapuram. Therefore, there

                     was nothing strange in executing the Will in Malayalam. The learned

                     counsel by taking this Court to the evidence of DW.2, the attestor to the

                     Ex.B2-Will submitted that his evidence clearly proved the due execution of

                     Will and nothing was culled out in his cross examination to doubt the

                     evidence of attestor.



                                  17. The learned counsel by referring to the written statement filed by

                     the 2nd defendant submitted that 1st and 2nd appellants were provided with 33

                     cents of vacant land each in Kovilpatti Town by S.Viswasam Nadar and 3rd

                     appellant was provided with cash by way of premium in LIC policy. He also

                     referred to the averments regarding gift given to the appellants at the time of

                     marriage in the form of 125 sovereign of gold, cash and household articles.

                     Thus, it is the submission of learned counsel that the appellants/daughters of


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                                                                      S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     the testator were given sufficient seer articles at the time of marriage

                     befitting the status of the family and hence, disinheritance of the appellants

                     cannot be termed as suspicious circumstance surrounding the Will. The

                     learned counsel relied on the judgment of the Hon'ble Apex Court in

                     Dhanpat vs. Sheo Ram reported in (2020) 16 SCC 209 for the proposition

                     that mere absence of reference to the nature heir, who were disinherited in

                     the Will cannot be treated as a suspicious circumstance surrounding the

                     Will. The learned counsel also relied on the judgment of the Hon'ble Apex

                     Court in V.Prabhakara vs. Basavaraj K reported in (2022) 1 SCC 115 for

                     the proposition that testamentary court is not a court of suspicion and mere

                     exclusion of either brother or sister per se would not create a suspicion

                     unless it is surrounded by other circumstances creating such an inference.



                                  18. In his reply, the learned Senior Counsel for the appellants by

                     pointing out the statement made by DW.2 attestor to Ex.B2-Will in his cross

                     examination submitted that he deposed that he did not sign Ex.B2. It is the

                     submission of the learned Senior Counsel that when attestor denied his


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                                                                          S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     signature in Will unless the other attestor to the Will is examined, Will

                     cannot be treated as proved.



                                  Discussion on Question of Law No.2:



                                  19. It is settled law in case of proof of Wills, it is for the propounder

                     of the Will to prove the same by calling atleast one of the attestor to the

                     Will. In cases, where there are suspicious circumstances surrounding the

                     Will, the burden on the propounder will not get discharge by mere

                     examination of attestor to the Will and the same will continue till he dispel

                     those suspicious circumstances. One main contention raised by the learned

                     Senior Counsel for the appellant was that the attestor DW.2 denied his

                     signature in Ex.B2-Will and hence, the Will was not proved in accordance

                     with law. It is settled law that the evidence of a witness has to be weighed as

                     a whole and inference cannot be drawn based on a stray statement of the

                     witness in his cross examination. In the light of the said position, let as

                     examine the evidence of DW.2 attestor to the Ex.B2-Will.


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                                  20. The DW.2 in his chief examination clearly deposed that he

                     attested Ex.B2-Will. He identified his signature as Kuttappan S/o.

                     Neelakandan. He also deposed clearly about the health and mental capacity

                     of the testator. In chief examination, he clearly deposed that he had seen

                     testator signing the Will and the said testator had seen the signing of the

                     Will by him and another attestor. He also said that he had seen the

                     attestation by another attestator namely Phzhkaran S/o. Punjan. During the

                     cross examination, he deposed about his attestation of Will. He was cross

                     examined extensively regarding attestation and withstood the cross

                     examination. In fact, he denied the suggestion that he did not attest Ex.B2-

                     Will and the signature found in Ex.B2 was not his signature.



                                  21. During cross examination, he identified his signature in Ex.B2-

                     Will. It was recorded by the Trial Court that witness identified his signature

                     in Ex.B2 by putting a round mark by pencil over his signature in Ex.B2.

                     Therefore, there is no doubt that DW.2 identified his signature in Ex.B2-

                     Will and his evidence about attestation also withstood the cross


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                                                                       S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     examination. However, when he was cross examined by 4th defendant's

                     counsel, there is one sentence in his cross examination as if, he deposed

                     that his signature did not find place in Ex.B2. It is not clear that what was

                     the question put to him and what was his answer to that question. The Trial

                     Court which recorded the evidence of DW.2 clearly mentioned that DW.2

                     identified his signature in Ex.B2 by putting a round mark surrounding his

                     signature in Ex.B2.



                                  22. In such circumstances, a single statement in his evidence during

                     cross examination by 4th defendant, which does not go well with context,

                     cannot be sole ground to discredit the evidence of DW.2. Hence, the

                     arguments advanced by the learned Senior Counsel in this regard is not

                     acceptable to this Court.



                                  23. The learned Senior Counsel by pointing out the evidence of DW.5

                     that her husband/testator had no knowledge in Malayalam submitted that it

                     is a serious suspicious circumstance surrounding the Will. DW.5 is the


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                                                                     S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     mother of the parties and wife of testator. A perusal of written statement

                     filed by her would make it clear that she filed a suit for bare injunction

                     restraining the appellants and defendants from interfering with her peaceful

                     possession and enjoyment over the suit properties in O.S.No.289 of 1997.

                     She relied on a separate Will dated 26.08.1993 and claims absolute right

                     over the suit properties. Therefore, it is clear that the relationship between

                     the 1st respondent and DW.5 was not cordial and she set up a rival claim

                     under different Will.



                                  24. In these circumstances, much reliance cannot be made on the

                     evidence of DW.5 as if, testator had no knowledge in Malayalam. On the

                     contrary, appellants' own witness, PW.1 admitted about the knowledge of

                     testator in Malayalam. PW.1 in her evidence deposed that she was born and

                     brought          up   at   Tiruvanandapuram.   Her    father/testator       died     at

                     Tiruvanandapuram. All the appellants and respondents got married at

                     Tiruvanandapuram. She specifically admitted that the house in the Suit 1 st

                     Schedule Property was constructed for residential use of testator at


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                                                                      S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     Tiruvanandapuram. She obtained her B.Sc., degree from the college at

                     Tiruvanandapuram. She also admitted her father had main business at

                     Kerala and Tamil Nadu. Thus, well pronounced admissions of PW.1 would

                     make it clear that testator had wide range of business activity at

                     Tiruvanandapuram and he resided at Tiruvanandapuram for best part of his

                     life along with his children. Infact, he put up a house in 1 st Schedule of the

                     Suit Property for his residential use. Therefore, the contention of the learned

                     Senior Counsel for the appellant as if, testator had no knowledge in

                     Malayalam cannot be accepted in the light of the evidence of appellants own

                     witness PW.1. DW.1, the attestor to Ex.B2 deposed that testator had

                     knowledge in Malayalam.



                                  25. Though DW.1 in his cross examination deposed that testator can

                     read Malayalam a little and he cannot read it fluently. In the light of the

                     evidence of attestor that the terms of the Will was dictated by the testator

                     and the same was prepared by the scribe and the testator put his signature in

                     the Will after it was being read over to him, I hold lack of fluency in


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                                                                        S.A.(MD).Nos.193 of 2016 and 384 of 2014

                     Malayalam may not go against the 1st respondent in this case in the light of

                     the fact that Will was executed and registered at Tiruvanandapuram and the

                     testator had spent best part of his life at Tiruvanandapuram. There is an

                     ample evidence of records to show that he had enough knowledge in

                     Malayalam to understand the same. Therefore, the suspicious circumstance

                     pointed out by the learned Senior Counsel is dispelled by evidence of PW.1,

                     DW.1 and DW.2.



                                  26. In view of the discussions made earlier, I hold the 1st respondent

                     succeeded in proving Ex.B2-Will pleaded by him. The findings of the fact

                     arrived at by the First Appellate Court in this regard requires no interference

                     by this Court and the question of law No.2 is answered against the

                     appellants.



                                  Discussion on Question of Law No.1:

                                  27. A bare perusal of Ex.B2 relied on by 1st respondent would make it

                     clear that the said testamentary document was executed only in respect of 1 st


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                     Schedule of the Suit Property. There is no evidence available on record to

                     show that there is any other testamentary document covering 2nd Schedule of

                     the Suit Property. Ex.B2-Will pleaded by 4th respondent was disbelieved by

                     the Trial Court and the said finding was not assailed by the 4 th respondent by

                     filing first appeal. Therefore, the 4th respondent cannot challenge the said

                     finding in this second appeal. In any event, this Court concurred with the

                     findings of First Appellate Court with regard to genuineness of Ex.B2-Will.



                                  28. In the absence of any valid testamentary document by S.Viswasam

                     Nadar in respect of 2nd Schedule of the Suit Property, the appellants and

                     respondents who are children of S.Viswasam Nadar are entitled to equal

                     share in the 2nd Schedule of the Suit Property. The First Appellate Court

                     committed a serious error in setting aside the decree for partition granted by

                     the Trial Court with regard to 2nd Schedule of Suit Property when Ex.B2-

                     Will pleaded by the 1st respondent was confined to 1st Schedule of the Suit

                     Property.




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                                  29. Accordingly, the judgment and decree passed by the First

                     Appellate Court in respect of 2nd Schedule of the Suit Property is liable to be

                     set aside and the judgment and decree of the Trial Court is restored in

                     respect of 2nd Schedule of the Suit Property. Accordingly, the question of

                     law No.1 is answered in favour of the appellants.



                                  In fine:-



                                  (a) Both the Second Appeals are partly allowed by setting aside the

                                      judgment and decree passed by the First Appellate Court in so far

                                      as the 2nd Schedule of the Suit Property is concerned.



                                  (b) The judgment and decree passed by the First Appellate Court is

                                      confirmed in so far as the 1st Schedule of the Suit Property is

                                      concerned.




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                                  (c) The suit is decreed in so far as the 2nd Schedule of Suit Property is

                                      concerned by granting half share to the appellants and the suit is

                                      dismissed in respect of the 1st Schedule of the Suit Property.



                                  (d) The connected miscellaneous petition is closed.



                                  (e) In the facts and circumstances of the case, there will be no order

                                      as to costs.



                                                                                                   24.03.2023
                     NCC: Yes/No
                     Index:Yes/No
                     dm




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                     To

                     1.The Principal District Judge,
                       Virudhunagar District at Srivillputhur.

                     2.The Subordinate Judge,
                       Srivilliputhur.

                     3.The Record Keeper,
                       V.R.Section,
                       Madurai Bench of Madras High Court,
                       Madurai.




                     ___________
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                                                S.A.(MD).Nos.193 of 2016 and 384 of 2014

                                                               S.SOUNTHAR, J.

dm Pre-delivery common judgement in S.A.(MD).Nos.193 of 2016 and 384 of 2014 24.03.2023 ___________ Page 26 of 26 https://www.mhc.tn.gov.in/judis